78R6011 DRH-D
By: Martinez Fischer H.B. No. 2226
A BILL TO BE ENTITLED
AN ACT
relating to changing the deadlines and authority for ordering the
election and filing for candidacy in political subdivision
elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3.005, Election Code, is amended to read
as follows:
Sec. 3.005. TIME FOR ORDERING ELECTION. (a) An election
ordered by an authority of a political subdivision shall be ordered
not later than the 45th day before the earliest allowable date for
the beginning of early voting by personal appearance in the
election [day].
(b) This section supersedes a law outside this code to the
extent of any conflict.
SECTION 2. Section 143.007(a), Election Code, is amended to
read as follows:
(a) Except as otherwise provided by this code, an
application for a place on the ballot must be filed not later than 5
p.m. of the 45th day before the earliest allowable date for the
beginning of early voting by personal appearance in the election
[day]. An application may not be filed earlier than the 30th day
before the date of the filing deadline.
SECTION 3. Section 143.008(b), Election Code, is amended to
read as follows:
(b) If at the deadline prescribed by Section 143.007 no
candidate has filed an application for a place on the ballot for an
office, the filing deadline for that office is extended to 5 p.m. of
the 40th day before the earliest allowable date for the beginning of
early voting by personal appearance in the election [day].
SECTION 4. Section 144.005, Election Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) An [Except as otherwise provided by law, an] application
for a place on the ballot must be filed not later than 5 p.m. of the
45th day before the earliest allowable date for the beginning of
early voting by personal appearance in the election [day].
(c) The governing body of a political subdivision for which
a deadline for filing for candidacy is prescribed by a law outside
this code shall take appropriate action to comply with Subsection
(a) and to adjust any affected date, deadline, or procedure to
allow the same interval of time in relation to the filing deadline
as would be provided by application of the other law. The secretary
of state shall prescribe any rules necessary to facilitate the
implementation of this subsection.
SECTION 5. Section 145.092(b), Election Code, is amended to
read as follows:
(b) A candidate in an election for which the filing deadline
for an application for a place on the ballot is not later than 5 p.m.
of the 45th day before the earliest allowable date for the
beginning of early voting by personal appearance in the election
[day] may not withdraw from the election after 5 p.m. of the 36th
day before the earliest allowable date for the beginning of early
voting by personal appearance in the election [day].
SECTION 6. Section 145.094(a), Election Code, is amended to
read as follows:
(a) The name of a candidate shall be omitted from the ballot
if the candidate:
(1) dies before the second day before the date of the
deadline for filing the candidate's application for a place on the
ballot;
(2) withdraws or is declared ineligible before 5 p.m.
of the second day before the beginning of early voting by personal
appearance, in an election subject to Section 145.092(a); or
(3) withdraws or is declared ineligible before 5 p.m.
of the 36th day before the earliest allowable date for the beginning
of early voting by personal appearance in the election [day], in an
election subject to Section 145.092(b).
SECTION 7. Section 145.096(a), Election Code, is amended to
read as follows:
(a) Except as provided by Subsection (b), a candidate's name
shall be placed on the ballot if the candidate:
(1) dies on or after the second day before the deadline
for filing the candidate's application for a place on the ballot;
(2) is declared ineligible after 5 p.m. of the second
day before the beginning of early voting by personal appearance, in
an election subject to Section 145.092(a); or
(3) is declared ineligible after 5 p.m. of the 36th day
before the earliest allowable date for the beginning of early
voting by personal appearance in the election [day], in an election
subject to Section 145.092(b).
SECTION 8. Section 63.0945(d), Water Code, is amended to
read as follows:
(d) A declaration of write-in candidacy must be filed not
later than 5 p.m. of the fifth day after the date an application for
a place on the ballot is required to be filed [45th day before
election day. However, if a candidate whose name is to appear on
the ballot dies or is declared ineligible after the 48th day before
election day, a declaration of write-in candidacy for the office
sought by the deceased or ineligible candidate may be filed not
later than 5 p.m. of the 42nd day before election day].
SECTION 9. Section 11.055(a), Education Code, is amended to
read as follows:
(a) An application of a candidate for a place on the ballot
must be filed not later than 5 p.m. of the 45th day before the
earliest allowable date for the beginning of early voting by
personal appearance in [date of] the election. An application may
not be filed earlier than the 30th day before the date of the filing
deadline.
SECTION 10. Section 130.0825(b), Education Code, is amended
to read as follows:
(b) A declaration of write-in candidacy must be filed not
later than 5 p.m. of the fifth day after the date an application for
a place on the ballot is required to be filed [45th day before
election day. However, if a candidate whose name is to appear on
the ballot dies or is declared ineligible after the 48th day before
election day, a declaration of write-in candidacy for the office
sought by the deceased or ineligible candidate may be filed not
later than 5 p.m. of the 42nd day before election day].
SECTION 11. Section 285.131(d), Health and Safety Code, is
amended to read as follows:
(d) A declaration of [for] write-in candidacy must be filed
not later than 5 p.m. of the fifth day after the date an application
for a place on the ballot is required to be filed [45th day before
election day. However, if a candidate whose name is to appear on
the ballot dies or is declared ineligible after the 48th day before
election day, a declaration of write-in candidacy for the office
sought by the deceased or ineligible candidate may be filed not
later than 5 p.m. of the 42nd day before election day].
SECTION 12. This Act takes effect November 1, 2003, and
applies only to an election that is ordered on or after that date.